Baker v. SSA

Baker v . SSA                           10-CV-454-SM 1/3/12
                     UNITED STATES DISTRICT COURT

                      DISTRICT OF NEW HAMPSHIRE


Deborah Baker,
     Claimant

     v.                                     Civil N o . 10-cv-454-SM
                                            Opinion N o . 

Michael J. Astrue, Commissioner,
Social Security Administration,
     Defendant


                               O R D E R


     After due consideration of claimant’s objection, the court

approves and adopts the Report and Recommendation of Magistrate

Judge McCafferty dated November 1 5 , 2011 (document n o . 1 3 ) .   See

generally 

(b)(1).     See also Fed. R. Civ. P. 72(b).



     One point raised by claimant in her objection to the Report

and Recommendation warrants comment. Claimant asserts that the

ALJ never found that she can lift 20 pounds and, consequently,

the ALJ concluded without record support that she can perform

light work.     The court disagrees. The ALJ determined that

claimant “has the residual functional capacity to perform light

work as defined in 20 C.F.R. 404.1567(b).”       Administrative Record

(“Admin. Rec.”) at 11 (emphasis supplied).       That finding

necessarily means he concluded that claimant can, as the

regulations provide, perform work involving “lifting no more than
20 pounds at a time with frequent lifting or carrying of objects

weighing up to 10 pounds.”    

(b).     The ALJ’s

subsequent statements about claimant’s ability to lift 10 pounds

are not inconsistent with that determination.       And, as the

Magistrate Judge noted, the conclusion that claimant can

occasionally lift up to 20 pounds is amply supported by

substantial evidence in the record (including claimant’s own

hearing testimony about her ability to lift her grandson, who

weighs approximately 20 pounds).        Admin. Rec. at 25-26.



      Claimant’s motion for an order reversing the Commissioner’s

decision (document n o . 9 ) is denied.    The Commissioner’s motion

for an order affirming his decision (document n o . 10) is granted.

The Clerk of Court shall enter judgment in accordance with this

order and close the case.


      SO ORDERED.



                                Steven J./McAuliffe
                                 Jnited States District Judge

January 3 , 2012

cc:   Francis M . Jackson, Esq.
      Karen B . Fitzmaurice, Esq.
      Gretchen L . Witt, Esq.




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